GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

BOMBAY  ACT  No. LXII OF  1947.

THE  MAHARASHTRA  PREVENTION  OF
FRAGMENTATION  AND
CONSOLIDATION  OF  HOLDINGS  ACT.

(As  modified  upto  the  18th  July,  2018)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS  AND  STATIONERY
STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI– 400 004.

2018

[ Price : Rs. 17.00 Ps. ]

1947 : Bom. LXII]

(i)

THE MAHARASHTRA  PREVENTION  OF  FRAGMENTATION  AND
CONSOLIDATION  OF  HOLDINGS  ACT.
-------------
CONTENTS

PREAMBLE.
SECTIONS.

CHAPTER  I
Preleminary.

Short  title,  extent  and  commencement.

1.
2. Definitions.

CHAPTER  II

Determination  of  Local  and  Standard  Areas  and  Treatment  of  Fragments.

3. Determination  of  local  areas.
4.
Settlement  of  standard  areas.
5. Determination  and  revision  of  standard  areas.
6. Entry  in  the  Record  of  Rights.
7. Transfer  and  lease  of  fragments.
Fragmentation  prohibited.
8.
8 AA. Restriction  of  partition  of  land.
8  A.
8  B.
9.

Sections  7  and  8  not  to  apply  to  transfer  for  public  purpose.
Sections  7,  8  and  8A  not  to  apply  to  land  situated  in  certain  areas.
Penalty  for  transfer  or  partition  contrary  to  provisions  of  Act.

[Deleted].

10. Transfer  of  fragment  to  Government.
11.
12. Determination  of  compensation  for  purpose  of  section  10.
13. Amendment  of  section  117A  and  117B  of  Bom.  V  of  1879.
14.

Fragment  not  to  be  sold  at  Court  sale  or  created  by  such  sale.

CHAPTER      III
Procedure    for    Consolidation.

15. Government  may  of  its  own  accord  or  on  application  declare  its  intention  to

Publication  of  draft  scheme  and  of  amended  draft  scheme.

make  scheme  for  consolidation  of  holdings.
Preparation  of  scheme  and  principles  to  be  followed  in  its  preparation.
Schemes  to  provide  for  compensation.

15  A.
16.
17. Amalgamation  of  public  road,  etc.  within  scheme  for  consolidation  of  holdings.
18. Land  reserved  for  public  purpose.
19.
20. Confirmation  of  draft  scheme  or  amended  draft  scheme.
21. Enforcement  of  scheme.
22. Coming  into  force  of  scheme.
23. Certain  laws  no  ban  on  transfer  of  holdings.
24. Certificate  of  transfer.
25. Loans  to  assist  consolidation.

H  471-1

(ii)

SECTIONS.

Maharashtra Prevention of Fragmentation and
Consolidation of Hodings Act

[1947 : Bom. LXII

CHAPTER  IV

Effect  of  Consolidation  Proceedings  and  of  Consolidation  of  Holdings.

26. Exercise  by  consolidation  officer  of  powers  under  certain  Acts.

27.

Stay  of  certain  proceeding;  ban  on  transfer  of  land  during  continuance  of
consolidation  proceedings.

28. Rights  in  holdings.

29. Transfer  of  encumbrances.

29A. Consolidation  officer  to  decide  whether  lease  should  be  transferred  or  not.

30. Apportionment  of  compensation  or  net  value  in  case  of  dispute.

31. Restrictions  on  alienation  and  sub-division  of  consolidated  holdings.

31AA. Validation  of  certain  transfers,  partitions  and  sub-divisions  made  before  15th

November  1965.

31AB. Validation  of  certain  transfers  of  sub-divisions  made  on  or  after  15th  November

1965  and  before  commencement  of  Mah.  XLI  of  1977.

31A. Correction  of  clerical  and  arithmetical  mistakes  in  scheme.

32.

33.

Power  to  vary  scheme  on  ground  of  error,  irregulatiry,  informality.

Power  to  vary  or  revoke  scheme.

33A.

Power  of  State  Government  to  revoke  confirmed  scheme.

CHAPTER  IVA

Powers  and  Procedure  of  Consolidation  Officers.

33B. Right  of  entry.

33C.

33D.

Power  to  summon  persons  to  give  evidence  and  produce  documents.

Form  of  summons  and  mode  of  serving  it.

33E.

Penalty  for  not  complying  with  summons.

CHAPTER    V

General.

34. Vesting  of  powers  of  Settlement  Commissioner.

34A. Constitution  of  Village  Committees.

Power  of  State  Government  or  Commissioner  to  call  for  proceedings.

35.
36. Appeal  and  revision.

36A. Bar  of  jurisdiction.
36B.
36C.

Suits  involving  issues  required  to  be  decided  under  this  Act.
Indemnity.

37. Rules.
38. Repeals  and  savings.

BOMBAY  ACT  No. LXII  OF  1947. 1
[ THE MAHARASHTRA PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT ] £

[ 29th  January  1948 ]

Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom.
,,
,,

31  of  1951.
69  of  1953.  ( 22-12-1953 )*
33  of  1956.

,,
,,

,,
,,

Adapted  and  modified  by  the    Bombay  Adaptation  of    Laws  (  State    and    Concurrent

Subjects) Order, 1956.

Amended by Bom.
,,
,,

,,
,,

,,
,,

8 of  1958.
61 of  1958.
63 of  1959.

Adapted and modified by the Maharashtra Adaptation of  Laws ( State  and  Concurrent

Subjects) Order, 1960.

Amended by Mah.
,,
,,
,,
,,

,,
,,
,,
,,

,,
,,
,,
,,

31 of  1964.
19 of  1966.
41 of  1977.

2 of  2016 (1-1-2016)*.
58 of  2017 (7-9-2017)*.

Short  title,
extent  and
commence-
ment.

Definitions.

An Act to provide for the prevention of fragmentation of agricultural
holdings and for their consolidation.

WHEREAS it  is expedient to prevent the fragmentation of agricultural holdings and
to  provide  for  the  consolidation  of  agricultural  holdings  for  the  purpose  of  the  better
cultivation  thereof ;  It  is  hereby  enacted  as  follows  :—

CHAPTER  I.
Preliminary.

1.

(1) This Act may be called 2[ the Maharashtra Prevention of Fragmentation and

Consolidation  of  Holdings  Act ].

3[(2) It  extends  to  the  whole  of  the 4[State  of  Maharashtra]  ].

(3) It shall come into force in such areas and on such date as the 5[State] Government

may  by  notification  in  the Official  Gazette  direct.

2.

In  this  Act,  unless  there  is  anything  repugnant  in  the  subject  or  context,—
(1) “agricultural  year”  means,  the  year  commencing  on  the  first  day  of  April;
(2) “consolidation of holdings” means the amalgamation and where necessary the
redistribution  of  holdings  or  portions  of  holdings  in  any  village,  mahal  or  taluka  or
any  part  thereof  so  as  to  reduce  the  number  of  plots  in  holdings;

(3) “Consolidation Officer” means an officer appointed as such under section 15
by  the 5[State]  Government  and  includes  any  person  authorised  by  the 4[State]
Government  to  perform  all  or  any  of  the  functions  of  the  Consolidation  Officer
under  this  Act;
1  For  Statement  of  Objects, see  Bombay  Government  Gazette,  1946,  Part  V,  Page  139,  for  Report
of  the  Select  Committee, see  ibid,  1947,  Part  V,  page  195;  for  Proceedings  in  Assembly, see
Bombay  Legislative  Assembly  Debates,  1947,  Vols.  X  and  XI;  and  for  Proceedings  in  Council,
see Bombay  Legislative  Council  Debates,  1947,  Vol.  XIII.

2  The  short  title  was  amended  for  “the  Bombay  Prevention  of  Fragmentation  and  Consolidation

of  Holdings  Act,  1947”  by  Mah.  24  of  2012,  Sch.,  entry  No.  29,  w.e.f.  1-5-1960.

3 This  sub-section  was  substituted  for  the  original  by  Bom.  61  of  1958,  s.  3(1).
4  These  words  were  substituted  for  the  words  “State  of  Bombay”  by  the  Maharashtra  Adaptation

of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

5  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1960.
*  This  indicates  the  date  of  commenument  of  the  Act.
£ This  Act  was  extended  to  that  part  of  the  State  of  Bombay  to  which  immediately  before  the

commencement  of  Bom.  61  of  1958  it  did  not  extend  (vide Bom.  61  of  1958,  s.2.)

2

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

1[(3-A) “Co-operative Society” means a co-operative society registered or deemed

to  be  registered  under  the 2[Maharashtra  Co-operative  Societies  Act,  1960;]

3*

*

*

*

(4)  “Fragment”  means  a  plot  of  land  of  less  extent  than  the  appropriate  standard

areas  determined  under  this  Act :

Provided  that no  plot of  land shall  be deemed  to  be a  fragment by  reason of  any

diminution  in  its  area  by  diluvion ;

(5) “land’’  means agricultural  land  whether  alienated  or  unalienated;
(6)  “local  area”  means  any  area  notified  as  such  in  the Official  Gazette,  under

Mah.
XXIV
o f
1961.

*

section  3;
4*
(8) “owner”  means in the case of unalienated land the occupant 5[or tenure holder]
and when such lands has been mortgaged, owner means the mortgagors ; in the case
of  alienated  land  owner  means  the  superior  holder; 6 *

*.

*

*

7[Provided  that  in  the  Hyderabad  area  of  the 8[State  of  Maharashtra],  “owner”
means  a  person  who  has  permanent  and  heritable  right  of  possession  of  land,  and
when  unalienated  land  has  been  mortgaged,  owner  means  the  mortgagor;

Bom.
V  of
1879.

M.  P.
II  of
1955.

Hyd.
Act
VIII
o f
1317F.

Bom.
LXV-
II  of
1948.

*

*

9*
(9)  “prescribed”  means  prescribed  by  rules  made  under  this  Act;
10[(9a)  “relevent  Code”  means  —
11[(a)  in  the  Bombay  area  of  the  State  of  Maharashtra,  the  @  Bombay  Land
Revenue  Code,  1879;]

*

(b) in the Vidarbha region of the 8[State of Maharashtra,] the Madhya Pradesh Land
Revenue  Code,  1954;  and

(c)  in  the  Hyderabad  area  of  the 8[State  of  Maharashtra,]  the  Hyderabad  Land
Revenue  Act,  1317  Fasli;

(9b)  “relevant  tenancy  law”  means—

11[(a)  in  the  Bombay  area  of  the  State  of  Maharashtra,  the  Bombay  Tenancy  and
Agricultural  Lands  Act,  1948;]

1 This  clause  was  inserted  by  Bom.  69  of  1953,  s.  2.
2 These  words  and  figures  were  substituted  for  the  words  and  figures  “Bombay  Co-operative

Societies  Act,  1925”  by  Mah.  19  of  1966,  s.  2  (a).

3 The  portion  from  “or  that  Act”  to  “region  of  the  State”  was  omitted  by  the  Maharashtra

Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

4  Clause  (7)  was  deleted  by  Bom.  61  of  1958,  s.  3(2)(b).
5  These  words  were  inserted,  by  Bom.  61  of  1958,  s.  3(2)(c).
6  The  words  “or  Girasdar”  were  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and

Concurrent  Subjects)  Order,  1960.

7  This  proviso  was  added  by  Bom.  61  of  1958,  s.  3(2)(c).
8  These  words  were  substituted  for  the  words  “State  of  Bombay”  by  the  Maharashtra  Adaptation

of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

9 The Explanation  was  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent

Subjects)  Order,  1960.

10 Clauses  (9a)  to  (9c)  were  inserted  by  Bom.  61  of  1958,  s.  3(2)(d).
11  Sub-clause  (a)  was  substituted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent

Subjects)  Order,  1960.

@ Now See the  Maharashtra  Land  Revenue  Code,  1966  (Mah.  41  of  1966).

Hyd.
Act
XXI
o f
1950.

Bom.
XCIX
o f
1958.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

3

(b) in the Hyderabad area of the 1[State of Maharashtra], the Hyderabad Tenancy

and  Agricultural  Lands  Act,  1950;

2[(c) in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and

Agricultural  Lands  (Vidarbha  Region)  Act,  1953;]

3*

*

*

*

(9c) “Settlement Commissioner” includes a Commissioner of Survey Settlement;]

(10)  “standard  area”  in  respect  of  any  class  of  land  means  the  area  which  the
4[State] Government may from time to time determine under section 5 as the minimum
area  necessary  for  profitable  cultivation  in  any  particular  local  area,  and  includes  a
standard  area  revised  under  the  said  section;

5[(10a)  “village committee” means a  village committee constituted under section

34A;]

(11)  words  and  expressions  used  in  this  Act,  but  not  defined  have  the  meaning

assigned  to  them  in  the 6[relevant  Code] ;

7*

*

*

*

CHAPTER  II.

Determination  of  Local  and  Standard  Areas  and
Treatment  of  Fragments.

3. The 4[State]  Government may,  after  such  inquiry as  it  deems  fit, by  notification
in the Official Gazette, specify a village, mahal or taluka 8[or tahsil] or any part thereof
as  a  local  area  for  the  purpose  of  this  Act.

Determination
of  local
areas.

4.

(1)  The 4[State]  Government  may,  after  such  inquiry  as  it  deems  fit  and  after
consultation  with  the  District  Advisory  Committee 9[or  any  other  body],  appointed  by
it, provisionally settle for any class of land in any local area the minimum area that can
be  cultivated  profitably  as  a  separate  plot.

Settlement  of
standard
areas.

(2) The 4[State] Government shall by notification in the Official Gazette, and in such
other manner as  may be prescribed publish  the minimum areas provisionally  settled by
it  under  sub-section  (1)  and  invite  objections  thereto.

1 These  words  were  substituted  for  the  words  “State  of  Bombay”  by  the  Maharashtra  Adaptation

of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

2  Sub-clause  (c)  was  substituted  by  Mah.  19  of  1966,  s.  2(b).
3  Sub-clause  (d)  was  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent

Subjects)  Order,  1960.

4 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
5  This  clause  was  inserted  by  Bom.  61  of  1958,  s.  3(2)(e).
6  These  words  were  substituted  for  the  words  and  figures  “Bombay  Land  Revenue  Code,  1879”

by  Bom.  61  of  1958, s.  3(2)(f).

7  Clause  (12)  was  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)

Order,  1960.

8 These  words  were  inserted  by  Bom.  61  of  1958,  s.  3(4).
9  These  words  were  inserted  by  Bom.  61  of  1958,  s.  3(4).

4

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

Determination
and  revision
of  standard
areas.

5.

(1) The 1[State] Government shall, after considering the objections, if any, received
within  three  months  of  the  date  of  publication  of  the  notification  under  sub-section (2)
of  section  4  in  the  village  concerned  and  making  such  further  inquiry  as  it  may  deem
fit,  determine  the  standard  area  for  each  class  of  land  in  such  local  area.

(2) The 1[State] Government may, at any time, if it deems it expedient so to do, revise
a  standard  area  determined  under  sub-section  (1).  Such  revision  shall  be  made  in  the
manner  laid  down  in  section  4  and  sub-section  (1).

(3) The 1[State] Government, shall by notification in the Official Gazette, and in such
other  manner  as  may  be  prescribed  give  public  notice  of  any  standard  area  determined
under  sub-section  (1)  or  revised  under  sub-section  (2).

Entry  in
the  Record
of  Rights.

6.

(1) On notification of a standard area under sub-section (3) of section 5 for a local
area  all  fragments in  the  local  area  shall  be entered  as  such  in  the  Record of  Rights  or
where there is no Record of Rights in such village record as the 1[State] Government may
prescribe.

(2) Notice of entry made under sub-section (1) shall be given in the manner prescribed
for the giving of notice 2[in the Hyderabad area of the State, under the Hyderabad Record
of  Rights  in  Land  Regulation,  1358  Fasli  and  elsewhere,  under  the  relevant  Code],  of
an  entry  in  the  register  of  mutations.

LVIII
o f
1358F.

Transfer  and
lease  of
fragments.

7.

(1) No person shall transfer any fragment in respect of which a notice has been
given  under  sub-section  (2)  of  section  6 3[except  to  the  owner  of]  a  contiguous  survey
number  or  recognised  sub-division  of  a  survey  number  :

Fragmentation
prohibited.

Restriction
on  partition
of  land.

4[Provided  that the  holder  of  such fragment  may  mortgage or  transfer  it  to the  State
Government  or  a  land  mortgage  bank  or  any  other  co-operative  society  as  security  for
any loan advanced to him by the State Government or such bank or society, as the case
may be].

(2) Notwithstanding  anything  contained  in 5[any  law  for  the  time  being  in  force  or
in  any  instrument  or  agreement],  no  such  fragment  shall  be  leased  to  any  person  other
than  a  person  cultivating  any  land  which  is  contiguous  to  the  fragment.

8. No  land  in  any  local  area  shall  be  transferred  or  partitioned  so  as  to  create  a

fragment.

6[8AA.

(1) Where, by transfer, decree, sucession or otherwise, two or more persons
are  entitled  to  shares  in  an  undivided  agricultural  land  in  any  local  area  for  which
standard  areas  have  been  fixed,  and  the  land  has  to  be  partitioned  among  them,  such
partition  shall  be  effected  so  as  not  to  create  a  fragment.

1  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
2  These  words  were  substituted  for  the  words  and  figures  “under  the  Bombay  Land  Revenue  Code,

1879”,  by  Bom.  61  of  1958,  s.  3(5).

3  These  words  were  substituted  for  the  words  “unless  thereby  the  fragment  becomes  merged  in”

by  Bom.  69  of  1953,  s.  3(1).

4  This  proviso  was  added,  by  Bom.  69  of  1953,  s.  3(2).
5  These  words  were  substituted  for  the  words  and  figures  “the  Bombay  Tenancy  Act,  1939”  by

Bom.  61  of  1958,  s.  3(6).

6  Section  8AA  was  inserted  by  Bom.  61  of  1958,  s.  3(7).

I  of
1894.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

5

(2) Where  such  partition  is  made  by  the  Court  or  the  Collector,  the  following

procedure  shall  be  adopted  :—

(a) If, in effecting a partition among serveral co-sharers, it is found that a co-sharer
is  entitled  to  a  specific  share  in  the  land  and  cannot  be  given  that  share  without
creating  a  fragment,  he  shall  be  compensated  in  money  for  that  share.  The  amount
of  compensation  shall  be  determined  so  far  as  practicable  in  accordance  with  the
provisions  of  section  23  of  the  Land  Acquisition  Act,  1894.

*
*

*
*

*
*

1*
2*
(b) If, in effecting a partition, it is found that there is not enough land to provide
for  the  shares  of  all  the  co-sharers  in  accordance  with  the  provisions  of  sub-section
(1),
the co-sharers may agree among  themselves as to the  particular co-sharer or
co-sharers who should get the share of land and which of them should be compensated
in money. In the absence of any such agreement, the co-sharers to whom a share of
land can be provided and those to whom money compensation should be given shall
be  chosen  by  lot  in  the  manner  prescribed.

*
*

(c) The  compensation  shall  be  payable  by  each  co-sharer  in  proportion  to  the
excess  value  of    land  he  gets  over    the  share  of    land  legally  due  to  him,  and  such
co-sharer  shall  deposit  the  proportionate  amount  of  compensation  in  the  manner
prescribed  before  taking  possession  of  the  share  allotted  to  him.  On  his  failure
to  do  so,  his  share  shall  be  allotted  to  any  other  co-sharer  to  whom  land  has  not
been  previously  allotted  and  who  is  chosen  in  the  manner  provided  in  clause  (b)
subject to the payment of similar compensation to the co-sharers not getting sharers
of  land.

(d) If none of the co-sharers to whom land has been allotted under clause (c) pays
the compensation and takes the share, the share shall be sold in auction to the highest
bidder,  and  the  purchase  money  shall  be  paid  to  the  co-sharers  not  getting  land  in
proportion  to  their  respective  shares.

(e) Where the parties agree upon any other method of partition which will not result

in  the  creation  of  a  fragment,  that  method  shall  be  followed  in  effecting  partition.

(3) Where a partition is effected in execution of a decree all questions relating to the
partition  of the  land  and apportionment  of  compensation  shall be  decided  by the  Court
executing  the  decree  or  by  the  Collector  effecting  the  partition,  as  the  case  may  be,  in
accordance  with  the  provisions  of  sub-section  (2).

3[8A. Nothing in sections 7, 4[8 and 8AA] shall apply to a transfer of any land for
such  public  purpose  as  may  be  specified  in  this  behalf  by  the  State  Government  by
notification  in  the Official  Gazette.]

1  The  words  “or  of  that  section  in  its  application  to  the  Saurashtra  area  of  the  State  of  Bombay
under  the  Land  Acquisition  Act,  1894  (Adaptation  and  Application)  Ordinance,  1948”  were
omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.
2  The  words  “or  as  the  case  may  be,  section  18  of  the  Hyderabad  Land  Acquisition  Act,  1309,

Fasli”  were  deleted  by  Mah.  19  of  1966,  s.  3.

3 Section  8A  was  inserted  by  Bom.  69  of  1953,  s.  4.
4  The  figures,  word  and  letters  were  substituted  for  the  word  and  figure  “and  8”  by  Bom.  61  of

1953,  s.  3(8).

Sections  7
and  8  not  to
apply  to
transfer  for
public
purpose.

6

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

Sections  7,  8
and  8AA  not
to  apply  to
land  situated
in  certain
areas.

1[8B. Nothing  in  sections  7,  8  and  8AA  shall  apply  to  the  land  situated  within  the
limits of a Municipal Corporation or a Municipal Council, or to the land situated within
the jurisdiction of a Special Planning Authority or a New Town Development Authority
appointed  or  constituted  under  the  provisions  of  the  Maharashtra  Regional  and  Town
Planning  Act,  1966  or  any  other  law  for  the  time  being  in  force,  and  also  to  any  land
allocated  to  residential,  commercial,  industrial  or  any  other  non-agricultural  use  in  the
draft or final Regional plan prepared under the Maharashtra Regional and Town Planning
Act,  1966  or  any  other  law  for  the  time  being  in  force  :

Provided  that,  no  person  shall  transfer  any  parcel  of  land  situated  in  the  areas
specified  above,  which  has  area  less  than  the  standard  area  notified  before  the  date  of
coming  into  force  of  the  Maharashtra  Prevention  of  Fragmentation  and  Consolidation
of  Holdings  (Amendment)  Act,  2015,  unless  such  parcel  is  created  as  a  result  of  sub-
division or layout approved by the Planning Authority or the Collector, as the case may
be, under the provisions of the Maharashtra Regional and Town Planning Act, 1966 or
any  other  law  for  the  time  being  in  force.].

9.

(1) The  transfer  or  partition  of  any  land  contrary  to  the  provisions  of  this  Act

shall  be  void.

Penalty  for
transfer  or
partition
contrary  to
provisions
of  Act.

Mah.
XXXVII
o f
1966.
Mah.
XXXVII
o f
1966.

Mah.
II  of
2016.

Mah.
XXXVII
o f
1966.

(2) The owner of any land so transferred or partitioned shall be liable to pay such
fine  not  exceeding  Rs.  250  as  the  Collector  may  subject  to  the  general  orders  of  the
2[State]  Government,  direct. 3[Such  fine  shall  be  recoverable  as  an  arrear  of  land
revenue].

4[(3) Any  person  unauthorizedly  occupying  or  wrongfully  in  possession  of,  any
land, the transfer or partition of which, either by the act of parties or by the operation
of  law,  is  void  under  the  provisions  of  this  Act,  may  be  summarily  evicted  by  the
Collector.]

5[Provided  that,  save  as  otherwise  provided  in  section  31,  the  Collector  may,  upon
an  application  made  in  this  regard,  regularise  a  transfer  or  partition  of  a  land  contrary
to  the  provisions  of  this  Act  made  on  or  after  15th  day  of  November  1965  and  before
the date of commencement of Maharashtra Prevention of Fragmentation and Consolidation
of Holdings (Amendment) Act, 2017, if such land is allocated to residential, commercial,
industrial,  public  or  semi-public  or  any  non-agricultural  use,  in  the  prevailing  draft  or
final  Regional  Plan;  or  is  intended  to  be  used  for  any bona  fide non-agricultural  user,
subject to payment of regularisation premium at such per centum not exceeding 25 per
cent.  of  the  market  value  of  such  land  as  per  the  Annual  Statement  of  Rates,  as  the
Government  may  notify,  from  time  to  time,  in  the Official  Gazette:

Mah.
LVIII
o f
2017.

Provided  further  that,  save  as  otherwise  provided  in  section  31,  if  a  transaction  of
transfer  or  partition  of  land  contrary  to  the  provisions  of  this  Act  is  regularised  on  the
ground that the land would be used for any bona fide non-agricultural use, then failure
to start such bona fide non-agricultural use within 5 years from the date of regularisation

1 Section  8B  was  inserted  by  Mah.  58  of  2017,  s.  2.
2  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
3  These  words  were  added  by  Bom.  69  of  1953,  s.  5(1).
4  This  sub-section  was  added  by  Bom.  69  of  1953,  s.  5(2).
5  These  provisos  and Explanation  were  added  by  Mah.  58  of  2017,  s.  2.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

7

shall result in forfeiture of such land by the Collector. Such land thereafter shall be first
offered  to  the  holder  or  occupant  of  a  neighbouring  contiguous  survey  number  or
recognised  sub-division  of  a  survey  number  on  payment  of  50  per  cent.  of  the  market
value of  such land as  per the prevailing  Annual Statement  of Rates and  three-fourth of
the amount so collected shall be paid to the defaulting person from whom such land was
forfeited  to  the  Government  and  the  remaining  one-fourth  of  the  amount  so  collected
shall  be  credited  into  the  Government  account.  Where  occupant  of  such  neighbouring
contiguous survey number or recognised sub-division refuses to purchase the fragment,
the fragment shall be auctioned by the State Government and the proceeds thereof shall
be  divided  between  the  defaulting  person  and  the  Government  in  the  ratio  of  3:1.

Explanation.— For  the  purpose  of  this  sub-section,  the  term  “Annual  Statement  of
Rates” shall mean the Annual Statement of Rates published under the provisions of the
Bombay  Stamp  (Determination  of  True  Market  Value  of  Property)  Rules,  1995  or  any
other  Rules  for  the  time  being  in  force  in  this  regard,  prevalent  in  respect  of  the  year
in which the order of regularisation is issued by the Collector or the year in which such
premium  is  paid,  whichever  is  later.].

10.

(1) Any  owner  of  a  fragment  may  transfer  it  to  the 1[State  Government]  on
2[payment by the State Government] of such compensation to persons possessing interest
therein as the Collector may determine and thereupon the fragment shall vest absolutely
in the 1[State Government]  free from all  encumbrances 3[but no  such fragment  shall be
transferred to the State Government unless it is first offered to the owner of a contiguous
survey  number  or  recognised  sub-division  of  a  survey  number  on  payment  of  the
compensation  determined  by  the  Collector  as  aforesaid  and  such  owner  has  refused  to
purchase  the  fragment  on  payment  of  such  compensation.]

(2) Any  such  fragment  may  be  disposed  of  in  accordance  with  the  provisions  of
section  117B  of    the  Bombay  Land  Revenue  Code,    1879*   5[or  section  158  of  the
Madhya    Pradesh    Land    Revenue    Code,    1954*  or    as  the  case    may  be,    may    be
disposed  of  as  unoccupied  land  under  the  provisions  of  the  Hyderabad  Land  Revenue
Act,  1317  Fasli].

11.

[Partition of estate assessed to payment to revenue of Government or separation

of  share  thererof]. Deleted  Bom.  LXI  of  1958,  s.  3(10).

12.

In  determining  the  compensation  for  the  purposes  of  section  10  the  Collector
shall  have  regard  to  the  provisions  of    sub-section  (1)  of  section  23  of  the  Land
*
Acquisition  Act,  1894.
7*
*
1  These  words  were  substituted  for  the  words  “Crown  for  the  purposes  of  the  Province”  by  the

6*
*

*
*

*
*

*
*

*

Adaptation  of  Laws  Order,  1950.

2 These  words  were  substituted  for  the  words  “payment  by  the  Crown”  by  the  Adaptation  of  Laws

Order,  1950.

3  This  portion  was  added  by  Bom.  61  of  1958,  s.  3(9)(a).
4 This  word  was  substituted  for  the  word  “Crown”  by  the  Adaptation  of  Laws  Order,  1950.
5  This  portion  was  added  by  Bom.  61  of  1958,  s.  3(9)(b).
6  The  words  “or  of  sub-section  (1)  of  that  section  in  its  application  to  the  Saurashtra  Area  of  the  State
of  Bombay  under  the  Land  Acquisition  Act,  1894  (Adaptation  and  Application)  Ordinance,  1948”
were  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.
7  The  words  “or  as  the  case  may  be,  section  18  (including  the  last  paragraph)  of  the  Hyderabad

Land  Acquisition  Act,  1309  Fasli”  were  deleted  by  Mah.  19  of  1966,  s.  4.

*  These  Codes  and  Act  were  repealed  by  the  Maharashtra  Land  Revenue  Code,  1966, see  section

336  of  Mah.  41  of  1966.

H  471-2

Bom.
V  of
1879.
M.  P.
Act  II
o f
1955.
Hyd.
Act
VIII
o f
1317 F.

I  of
1894.

Transfer  of
fragment  to
4[Government.]

Determination
of  compen-
sation  for
purposes  of
section  10.

8

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

13.

1[(1)] In  sections  117A  and  117B  of  the  Bombay  Land  Revenue  Code,  1879*
the  following  shall  be  inserted  at  the  commencement  of  the  said  sections,  namely :—

“Subject  to  the  provisions  of  the  Bombay  Prevention  of  Fragmentation  and

Consolidation  of  Holdings  Act,  1947”.

Amendment
of  sections
117A  and
117B  of
Bom.  V  of
1879.

1[(2) In  the  Hyderabad  Land  Revenue  Act,  1317  Fasli,*  in  section  76,  after  the
words “Taluqdar may” and in sub-section (2) of section 89B, after the words “assessment
of plot numbers shall” the words and figures “Subject to the provisions of the Bombay
Prevention  of  Fragmentation  and  Consolidation  of  Holdings  Act,  1947”  shall  be
inserted.

Bom.
V  of
1879.

Bom.
LXII
o f
1947.

Hyd.
Act
VIII
o f
1317 F.
Bom.
LXII
o f
1947.

(3) In  the  Madhya  Pradesh  Land  Revenue  Code,  1954,*  the  following  shall  be
inserted at the commencement of sub-section (1) of section 67, sub-section (1) of section
140,  and  section  158,  namely  :—

M.  P.
Act  II
o f
1955.

“Subject  to  the  provisions  of  the  Bombay  Prevention  of  Fragmentation  and

Consolidation  of  Holdings  Act,  1947.”].

Bom.
LXII
o f
1947.

Fragment  not
to  be  sold  at
Court  sale  or
created  by
such  sale.

2[14. Notwithstanding  anything  contained  in  any  law  for  the  time  being  in  force,
no  fragment,  in  respect  of    which    a  notice  has  been  given  under  sub-section  (2)  of
section 6, shall be sold at any sale held under the order of any Court except to the owner
of  a  contiguous  survey  number  of  recognized  sub-division  of  a  survey  number  and  no
land  shall  be  sold  at  such  sale  so  as  to  leave  a  fragment.]

CHAPTER  III.
Procedure for  Consolidation.

Government
may  of  its
own  accord
or  on
application
declare  its
intention  to
make  scheme
for
consolidation
of  holdings.

15. With  the  object  of  consolidating  holdings  in  any  village,  mahal, 3[taluka  or
tahsil]  or  any  part  thereof  for  the  purpose  of    better  cultivation  of    lands  therein,  the
4[State]  Government  may 5[of  its  own  motion  or  on  an  application  made  in  that  behalf
declare]  by  a  notification  in  the Official  Gazette and  by  publication  in  the  prescribed
manner  in  the  village  or  villages  concerned  its  intention  to  make  a  scheme  for  the
consolidation of holdings in such village or villages or part thereof as may be specified.
On  such  publication  in  the  village  concerned  the 4[State]  Government  may  appoint  a
Consolidation  Officer  who  shall  proceed  to  prepare 6*
*
a  scheme  for  the  consolidation  of  holdings  in  such  village  or  villages  or  part  thereof,
as  the  case  may  be 7[in  the  manner  hereinafter  provided].

*

1  Section  13  was  renumbered  as  sub-section  (1)  and  sub-sections  (2)  and  (3)  were  added  by  Bom.

61  of  1958,  s.  3(12).

2  This  section  was  substituted  for  the  original  by  Bom.  69  of  1953,  s.  6.
3  These  words  were  substituted  for  the  words  “or  taluka”  by  Bom.  61  of  1958,  s.  3(13)(a).
4  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
5  These  words  were  inserted  by  Bom.  61  of  1958,  s.  3(13)(b).
6  The  words  “in  the  prescribed  manner”  were  deleted,  by  Bom.  61  of  1958,  s.  3(13)(c).
7  These  words  were  added,  by  Bom.  61  of  1958,  s.  3(13)(d).
*  These  Codes  and  Act  were  repealed  by  the  Maharashtra  Land  Revenue  Code,  1966, see  section

336  of  Mah.  41  of  1966.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

9

1[15A.

(1) The  Consolidation  Officer  shall,  after  giving  due  notice  to  the  land
owners concerned and the village committee, visit each of the concerned villages, and
shall, in consultation with the village committee, proceed to prepare a scheme for the
consolidation  of  holding  which  shall  include  such  statements,  records  and  maps  as
may  be  precribed.

Preparation
of  scheme
and
principles  to
be  followed
in  its
preparation.

(2) In  preparing  the  scheme,  the  Consolidation  Officer  shall  have  regard  to  the
procedure  which  the  State  Government  may  from  time  to  time  prescribe  in  regard  to
the  number  of  blocks  in  which  the  village  lands  are  to  be  grouped,  the  manner  of
allotting  new  plots  to  each  owner,  the  recommedations  of  the  village  committee  and
such  other  matters  as  may  be  prescribed.]

16.

(1) The  scheme  prepared  by  the  Consolidation  Officer  shall  provide  for  the
payment  of  compensation  to  any  owner  who  is  allotted  a  holding  of  less  market  value
than that of his original holding and for  the recovery of compensation from any owner
who  is  allotted  a  holding  of  greater  market  value  than  that  of  his  original  holding.

Scheme  to
provide  for
compensation.

I  of
1894.

(2) The  amount  of  compensation  shall  be  determined  so  far  as  practicable,  in
accordance with the provisions of sub-section (1) of section 23 of the Land Acquisition
Act,  1894.

2*

*

*

*

*

*

3*

*

*

*

*

*

17.

(1) Whenever  in  preparing  a  scheme  for  the  consolidation  of  holdings,  it
appears to the Consolidation Officer that it is necessary to amalgamate any road, street,
lane or path with any holding in the scheme, he shall make a declaration to that effect
stating  in  such  declaration  that  it  is  proposed  that  the  rights  of  the  public,  as  well  as
of  all  individuals  in  or  over  the  said  road,  street,  lane  or  path  shall  be  extinguished
or,  as  the  case  may  be,  transferred  to  a  new  road,  street,  lane  or  path  laid  out  in  the
scheme  of  consolidation.

Amalgamation
of  public
roads  etc.,
within
scheme  for
consolidation
of  holdings.

(2) The declaration in  sub-section (1) shall  be published in  the village  concerned in

the  prescribed  manner  along  with  the  draft  scheme  referred  to  in  section  19.

(3) Any member of the public or any person having any interest or rights, in addition
to  the  right  to  public  highway,  in  or  over  the  said  road,  street,  lane  or  path  or  having
any other interest or right which is likely to be adversely affected by the proposal may,
within  thirty  days  after  the  publication  of  the  declaration  under  sub-section  (1)  state  to
the  Consolidation  Officer  in  writing  his  objection  to  the  proposal,  the  nature  of  such
interest  or  right  and  the  manner  in  which  it  is  likely  to  be  adversely  affected  and  the
amount  and  the  particulars  of  his  claim  to  compensation  for  such  interest  or  right  :

Provided that no claim for compensation on account of  the extinction or diminution
of the right of public highway over such  road, street, lane or path shall be entertained.

1  Section  15A  was  inserted, by  Bom.  61  of  1958,  s.  3(14).
2  The  words  “or  of  sub-section  (1)  of  that  section  in  its  application  of  the  Saurashtra  area  of  the
State  of  Bombay  under  the  Land  Acquisition  Act,  1894  (Adaptation  and  Application)  Ordinance,
1948”  were  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)
Order,  1960.

3  The  words  “or  as  the  case  may  be,  section  18  (including  the  last  paragraph)  of  the  Hyderabad

Land  Acquisition  Act,  1309  Fasli”  were  deleted  by  Mah.  19  of  1966,  s. 5.

10

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

(4) The  Consolidation  Officer  shall, after considering the  objections,  if  any, made
to the proposal, submit it with such amendments, if any, as he may consider necessary,
to  the  Settlement  Commissioner,  together with  the  objections  received, his
recommendations  thereon  and  a  statement  of  the  amounts  of  compensation,  if  any,
which  in  his  opinion  are  payable,  and  of  the  persons  by  whom  and  the  persons  to
whom such compensation is payable. The decision of the Settlement Commissioner on
the  proposal  and  regarding  the  amount  of  compensation  and  the  persons  by  whom
such compensation,  if any, is payable, shall,  subject to any  modification made  by the
1[State]  Government,  be  final.

Land
reserved  for
public
purpose.

2[18.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time  being  in
force,  it  shall  be  lawful  for  the  Consolidation  Officer,  in  consultation  with  the  village
committee,—

(a) to direct that any land specifically assigned for any public purpose shall cease

to  be  so  assigned  and  to  assign  any  other  land  in  its  place;

(b) if  in any  area under  consolidation no  land is  reserved for  any public  purpose
including  extension  of  the  village  sites,  or  if  the  land  so  reserved  is  inadequate,  to
assign other land for such requirements, and for that purpose to effect a proportionate
cut  in  all  the  holdings  of  the  village.

(2) Where a proportionate cut in all the holdings of a village has been effected under
sub-section  (1)  the  State  Government  shall  pay  to  every  person  affected  thereby
compensation in respect of the land covered by such cut at the market value of the land
at  the  date  of  the  publication  of  the  notification  under  section  15.

(3) Save  as  provided  in  sub-section  (2),  the  amount  of  such  compensation  shall  be
determined  by  the  Consolidation  Officer,  so  far  as  practicable  in  accordance  with  the
provisions  of  sub-section  (1)  of  section  23  of  the  Land  Acquisition  Act,  1894].

I  of
1894.

Publication
of  draft
scheme  and
of  amended
draft  scheme.

3[19.

(1) When a scheme of consolidation is ready for publication, the Consolidation
Officer  shall  publish  a  draft  thereof  in  the  prescribed  manner  in  the  village  or  village
concerned. Any person likely to be affected by such scheme, may, within thirty days of
the  date  of  such  publication,  communicate  in  writing  to  the  Consolidation  Officer  any
objections  relating  to  the  draft  scheme.

(2) If  any  objections  are  received  and  after  considering  them,  the  Consolidation
Officer considers it necessary to amend the draft scheme, he shall amend the draft scheme
and publish the amended draft scheme as provided in sub-section (1). Any person likely
to be affected by such amended draft scheme, may, within thirty days of the date of such
publication, communicate in writing to the Consolidation Officer any objections relating
to  the  amended  draft  scheme.

(3)  (a) Where  no  objections  are  received  to  the  draft  scheme  published  under
sub-section  (1)  or  to  the  amended  draft  scheme  published  under  sub-section  (2),  such
draft  scheme  or  amended  draft  scheme.

1 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.

2  Section  18  was  substituted  for  the  original  by  Bom.  61  of  1958,  s.  3(15).

3  Sections  19,  20  and  21  were  substituted  for  the  original  by  Mah.  19  of  1966,  s.  6.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

11

(b) Where  objections  are  received  to  the  said  draft  scheme  or  amended  draft
scheme but the Consolidation Officer does not consider it necessary to amend the said
draft scheme or amended draft scheme, such draft scheme or amended draft scheme,
together  with  objections  and  his  remarks  thereon.

(c) Where  objections  are  received  to  the  said  amended  draft  scheme  and  after
considering the objections, the Consolidation Officer considers it necessary to amend
further  the  amended  draft  scheme,  such  amended  draft  scheme  as  further  amended
together  with  the  objections  and  his  remarks  thereon,  shall  be  forwarded  by  the
Consolidation  Officer  to  the  Settlement  Commissioner  for  confirmation.

20.

(1) If on receipt of a draft scheme or an amended draft scheme under sub-section
(3) of section 19, the Settlement Commissioner, after considering the objections, if any,
and the remarks of the Consolidation Officer thereon and after being otherwise satisfied
about  the  correctness  of  procedure  followed  by  the  Consolidation  Officer  and  the
allotment of holdings, and compensation or about there being no clerical or arithmatical
mistake or error arising from accidental slip or omission, approves of the draft scheme,
or,  as  the  case  may  be  amended  draft  scheme,  he  shall  confirm  it.

(2) If  the  Settlement  Commission  does  not  approve  of  the  draft  scheme  or  the
amended draft scheme forwarded by the Consolidation Officer and considers it necessary
to amend it, he shall further amend it and publish it as amended in the prescribed manner
in the village or villages concerned. Any person likely to be affected by the draft scheme
as  so  published  may,  within  thirty  days  of  the  date  of  such  publication,  communicate
his  objections  in  writing  to  the  Settlement  Commissioner.

(3) If  no  objections  are  received  within  the  period  specified  in  sub-section  (2),  the
Settlement  Commissioner  shall  confirm  the  draft  scheme  as  published  under  that  sub-
section. If any objections are received within the said period, the Settlement Commissioner
shall after considering  the objections confirm the  draft scheme as published  under sub-
section  (2)  without  any  modifications  therein  or  with  such  modifications  therein  as  he
may  consider  necessary.

Confirmation
of  draft
scheme  or
amended
draft  scheme.

21.

(1) Upon  the  confirmation  of  any  scheme  under  section  20,  a  notification
stating  that  the  scheme  has  been  confirmed  shall  be  published  by  the  Settlement
Commissioner  in  the Official  Gazette,  and  the  scheme  as  confirmed  shall  be  published
in  the  prescribed  manner  in  the  village  or  villages  concerned.

Enforcement
of  scheme.

(2) Within  one  year  from  the  date  of  publication  of  the  notification  in  the Official
Gazette, under sub-section (1), the owners from whom compensation is recoverable under
the  scheme  shall  deposit  the  amount  of  compensation  in  the  prescribed  manner.

(3) The  Consolidation  Officer  shall  from  the  commencement  of  the  agricultural
year  next  following the  date  of  publication  of  the notification  in  the Official  Gazette,
under  sub-section  (1)  and  in  the  prescribed  manner,  put  the  owners  in  possession  of
the holding to which they are entitiled under the scheme and for doing so may in the
prescribed manner, evict any person from any land which he is not entitled to occupy
under  the  scheme  :

Provided  that,  if  two-thirds  or  more  of  the  owners  affected  by  the  scheme  agree  to
enter  into  possession  of  the  holdings  to  which  they  are  entitled  under  the  scheme,  the
Consolidation  Officer  may  put  them  in  possession  of  such  holdings  from  such  earlier
date  as  may  be  decided  upon  by  such  owners.

12

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

(4) If the Consolidation Officer is satisfied that any standing crops, trees, embankments
or  similar  other  improvements  which  were  not  taken  into  consideration  at  the  time  of
determining  the  compensation  payable  by  an  owner  of  any  holding  under  the  scheme
are  found  on  such  holding  at  the  time  of  putting  the  owner  in  possession  of  such
holding,  or  that  any  such  standing  crops,  trees,  embankments  or  similar  other
improvements  which  were  taken  into  consideration  at  the  time  of  determining  the
compensation payable by an owner of any holding have ceased to exist or are substantially
damaged  at  the  time  of  putting  the  owner  in  possession  of  such  holding,  he  shall  by
order  determine  in  the  prescribed  manner  the  additional  compensation  payable  by  the
onwer  or,  as  the  case  may  be,  the  reduction  to  be  made  in  the  compensation  payable
to  the  original  owner  of  such  holding.  Where  additional  compensation  is  to  be  paid,  it
shall be deposited in the prescribed manner by the owner from whom it is recoverable,
within  one  year  from  the  date  of  the  order  passed  by  the  Consolidation  Officer  for
determining  the  additional  compensation.

(5) If the owner from whom the compensation is recoverable fails to deposit it within
the period specified in sub-section (2) or (4) or within such further period not exceeding
one  year  as  may  be  extended  by  the  Consolidation  Officer,  it  shall  be  recovered  from
him  as  an  arrear  of  land  revenue.

(6) If  an  owner  refuses  to  accept  possession  of  the  holding  to  which  he  is  entitled
under the scheme, his rights in such holding may be allotted in the prescribed manner by
the  Consolidation  Officer  to  any  other  person  who  pays  the  value  of  the  holding  and in
such case the value realised after deducting the expense (hereinafter called “the net value”) shall
be  paid  to  the  owner  and  any  other  person  having  an  interest  in  the  holding.

(7) If no person is forthcoming to pay the value of the holding, the State Government
may recover from the owner the compensation recoverable from him under the scheme
as  an  arrear  of  land  revenue  or  the  State  Government  may  itself  purchase  the  holding
after  paying  the  net  value  of  the  holding  to  the  owner  and  any  other  person  having
interest  in  the  holding.]

Coming  into
force  of
scheme.

22. As  soon  as  the  persons  entitled  to  possession  of  holdings  under  this  Act  have
entered  into  possession  of  the  holdings  respectively  allotted  to  them,  the  scheme  shall
be  deemed  to  have  come  into  force.

Certain  laws
no  ban  on
transfer  of
holdings.

Certificate  of
transfer.

23. Notwithstanding  anything  contained  in  any  law  for  the  time  being  in  force,  the
rights of owners, or other persons having interest, shall for the purpose of giving effect to
any  scheme  of  consolidation  affecting  them  be  transferable  by  exchange  or  otherwise.

24.

(1) The Consolidation Officer shall grant to every owner to whom a holding has
been  allotted  in  pursuance  of  a  scheme  of  consolidation  and  to  every  person  to  whom
a  right  is  allotted  under 1[sub-section  (6)]  of  section  21,  a  certificate  in  the  prescribed
from  duly  registered  under  the  Indian  Registration  Act,  1908,  to  the  effect  that  the
holding  has  been  transferred  to  him  in  pursuance  of  the  scheme.

XVI
o f
1908.

2[The  Consolidation  Officer  may,  thereupon,  cause  to  be  prepared  a  new  record  of
rights in respect of the holdings so transferred and the record of rights so prepared shall
be  deemed  to  have  been  prepared  in  the  Hyderabad  area  of  the  State  under  the
Hyderabad  Record  of  Rights  in  Land  Regulation,  1358  Fasli,  and  elsewhere  under  the
relevant  Code].

Hyd.
Act.
LVIII
o f
1358F.

(2)  Notwithstanding  anything  contained  in  any  law  for  the  time  being  in  force  no

stamp  or  registation  fee  shall  be  payable  in  respect  of  such  certificate.

1 The  word,  brackets  and  figure  were  substituted  for  the  word,  brackets  and  figure  “sub-section

(4)”  by  Mah.  19  of  1966,  s.  7.

2 This  portion  was  added  by  Bom.  61  of  1958,  s.  3  (16).

XIX
o f
1883.
XII  of
1884.

Bom.
V  of
1879.
M.P.
Act  II
o f
1955.
Hyd.
Act
VIII
o f
1317F.
Bom.
II  of
1906.
Bom.
V  of
1879.
M.  P.
Act  II
o f
1955.
Hyd.
Act
VIII
o f
1317F.
Bom.
II  of
1906.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

13

25. For  carrying  out  any  of  the  purposes  of  this  Act,  a  loan  may  be  granted  to  an
owner and recovered from him as a loan under the Land Improvement Loans Act, 1883,
or  the  Agriculturists’  Loans  Act,  1884.

Loans  to
assist
consolidation.

CHAPTER  IV.
Effect  of  Consolidation  Proceedings  and  of  Consolidation  of  Holdings.

26.

(1) During the continuance  of the consolidation proceedings  the Consolidation
Officer shall exercise and discharge the functions of a revenue officer under Chapter IX
of the Bombay Land Revenue Code, 1879*, 1[or under Chapter X of the Madhya Pradesh
Land Revenue Code, 1954*, or as the case may be, under Chapter VIII of the Hyderabad
Land Revenue Act,  1317 Fasli*], the Mamlatdars’  Courts Act, 1906, and  the 2[relevant
tenancy law]; and no revenue officer other than the Consolidation Officer shall take any
proceedings  under  any  of  the  said  Acts  in  respect  of  any  holding  or  land 3[or  which  a
notice  under  section  15A  has  been  given].

(2) Where  in  respect  of  any  holding  the  Consolidation  Officer  proceeds  to  prepare

a  scheme  under  section  15,—

(a) all  applications  and  proceedings  including  execution  proceeding  pending
before  any  revenue  officer  under  Chapter  IX  of  the  Bombay  Land  Revenue  Code,
1879*, 1[or under Chapter X of the Madhya Pradesh Land Revenue Code, 1954*,  or
as  the  case  may  be,  under  Chapter  VIII  of  the  Hyderabad  Land  Revenue  Act,  1317
Fasli]*, the Mamlatdars’ Courts Act, 1906, and the 2[relevant tenancy law], in respect
of any holding or land 3[for which a notice under section 15A has been given] shall
be  transferred  to  the  Consolidation  Officer;  and

Exercise  by
Consolidation
Officer  of
powers
under  certain
Acts.

(b) The  Consolidation  Officer  shall,  by  proclamation,  call  upon  all  persons  who
claim  to  be  entitled  to  possession  under  any  of  the  said  Acts,  of  any  holding 4[for
which  a  notice  under  section  15A  has  been  given]  to  make  within  the  prescribed
period  an  application  to  be  put  in  possession  of    such  holdings  ;    and  any  person
who  fails  to  do  so  within  the  prescribed  period  shall  thereafter  be  debarred  from
making  it  :

Provided that nothing in this clause shall debar any person from making, after the
coming into  force of a  scheme of consolidation under  section 22, any  application in
respect  of  any  holding  included  in  the  scheme,  if  such  application  could  lie  under
the  provisions  of  any  law  for  the  time  being  in  force.

(3) The Consolidation Officer shall submit any order passed by him under any of the
said  Acts  to  the  Collector  for  confirmation  if  an  application  in  that  behalf  is  made  to
him  by  any  party  to  a  proceeding  under  this  section  within  fifteen  days  from  the  date
of  the  order.

1 This  portion  was  inserted  by  Bom.  61  of  1958, s.  3  (17) (a).
2 These  words  were  substituted  for  the  words  and  figures  “Bombay  Tenancy  Act,  1939”  by  Bom.

61  of  1958, s.  3  (17) (b).

3 This  portion  was  substitued  for  the  words  and  figures  “for  the  Consolidation  of  which  a

notification  has  been  issued  under  section  15”  by  Mah.  19  of  1966,  s.  8.

4  This  portion  was  substituted  for  the  words  and  figures  “for  the  consolidation  of  which  a

notification  has  been  issued  under  section  15”  by  Mah.  19  of  1966,  s.  8.

* These  Codes  and  Acts  were  repealed  by  the  Maharashtra  Land  Revenue  Code,  1966, see section

336  of  Mah.  41  of  1966.

Bom.
V  of
1879.
Hyd.
Act
VIII
o f
1317F.
M.P.
Act  II
o f
1955.
Mah.
XXIV
o f
1961.
Bom.
XXVIII
o f
1947.
Hyd.
Act
XVI
o f
1956.

C.  P.
Act  II
o f
1933.

Stay  of
1[certain
proceedings];
ban  on
transfer  of
land  during
continuance
o f
consolidation
proccedings.

14

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

27. When  a  Consolidation  Officer  proceeds  to  prepare  a  scheme  under  section  15,

during  the  continuance  of  the  consolidation  proceedings—

2[(a)  no  proceedings,—

(i) under  section  153  or  155  of  the  Bombay  Land  Revenue  Code,  1879*;

3[(ia) under section 120  or  section 124 of  the Hyderabad Land Revenue Act,

1317  Fasli*;

(ib) under  section  135  of  the  Madhya  Pradesh  Land  Revenue  Code,  1954*;]

4[(ii)  for  execution  of  any  award  made    or    deemed  to  be  made  under  the

5[Maharashtra  Co-operative  Societies  Act,  1960];

(iii) for execution of any award made under the **Bombay Agricultural Debtors’
6[under   the   Hyderabad   Agricultural    Debtors’   Relief   Act,

Relief   Act,  1947   or
1956

7*

*

*  ]

8[(iiia)  for  the  recovery  of  a  sum  due  under  an  agreement  registered  under  the

Central  Provinces  and  Berar  Debt  Conciliation  Act,  1933];

(iv) for  execution  of  any  decree  passed  by  a  Civil  Court;

9[(v)  for  partitioning  or  sub-dividing  in  any  manner,]

in respect of any land 10[for which a notice under section 15A has been given] shall
be  commenced,  and  all  such  proceedings  if  commenced  shall  be  stayed];

11[(b) no person shall transfer any land in respect of which a notice under section
15A  has  been  given,  except  with  the  previous  permission  in  writing  of  the
Consolidation  Officer.  Such  permission  may  be  given  in  such  circumstances  and
subject  to  such  conditions  as  may  be  prescribed.]

1 These  words  were  substituted  for  the  words  and  figures  “proceedings  under  section  153  and

155  of  Bom.  V  of  1879”  by  Bom.  69  of  1953,  s.  8(2).

2 This  clause  was  substituted  for  the  original,  by  Bom.  69  of  1953,  s.  8(1).
3 Clauses  (ia)  and  (ib)  were  inserted  by  Bom.  61  of  1958,  s.  3  (18)  (1).
4 Sub-clause  (ii)  was  substituted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent

Subjects)  Order,  1960.

5 These  words  and  figures  were  substituted  for  the  words  and  figures  “Bombay  Co-operative

Societies  Act,  1925”  by  Mah.  19  of  1966,  s.  9(a).

6 This  protion  was  inserted  by  Bom.  61  of  1958,  s.  3(18)  (3).
7 The  words  “or  under  the  Saurashtra  Agricultural  Debtors  Relief  Act,  1954”  were  omitted  by

the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

8 Clause  (iii a)  was  inserted  by  Bom.  61  of  1958,  s.  3(18)  (4).
9 Clause  (v)  was  inserted  by  Bom.  61  of  1958,  s.  3(18) (5).

10 These  words,  figures  and  letters  were  substituted  for  the  words  and  figures  “in  respect  of  which

a  notification  has  been  issued”  under  section  15A  by  Mah.  19  of  1966,  s.  9(d).

11 Clause  (b)  was  substituted  by  Mah.  31  of  1964,  s.  2.

* These  Codes  and  Act  were  repealed  by  the  Maharashtra  Land  Revenue  Code,  1966, see section

336  of  Mah.  41  of  1966.

** The  Short  title  of  this  Act  was  amended  as  “the  Maharashtra  Agricultural  Debtors’  Relief  Act”

by  Mah.  24  of  2012,  Sch.,  entry  26,  w.e.f.  1-5-1960.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

15

28. Every  owner  to  whom  a  holding  is  allotted  in  pursuance  of  a  scheme  of
consolidation  shall, 1[save  as  otherwise  provided  in  section  29A],  have  the  same  rights
in  such  holding  as  he  had  in  his  original  holding  :

Rights  in
holdings.

Provided  that  nothing  in  this  section  shall  apply  to  any  person  to  whom  a  holding

has  been  allotted  under  the  provisions  of 2[sub-section  (6)]  of  section  21.

Transfer  of
encumbrances.

Consolidation
Officer  to
decide
whether  lease
should  be
transferred
or  not.

29.

(1) If the holding of an owner included in a scheme of consolidation which has
come  into  force  under  section  22  is  burdened  with  a 3**  mortgage,  debt  or  other
encumbrance 4[other  than  a  lease]  such 3**  mortgage,  debt  or  other  encumbrance  shall
be transferred therefrom and attach itself to the holding allotted to him under the scheme
or to such part of it as the Consolidation  Officer may, subject to any rules made under
section  37,  appoint ;  and  the 5* * *  mortgagee,  creditor  or  other  encumbrancer,  as  the
case  may  be,  shall  exercise  his  rights  accordingly.

(2) If the holding to which a 3* * mortgage, debt or other encumbrance is transferred
under sub-section (1) is  of less market  value than the original  holding from which  it is
transferred  the 5* * *  mortgagee,  creditor  or  other  encumbrancer,  as  the  case  may  be,
shall  subject  to  the  provisions  of  section  30  be  entitled  to  the  payment  of  such
compensation by the owner of the holding, as the case may require, as the Consolidation
Officer may determine.

(3) Notwithstanding  anything  contained  in  section  21,  the  Consolidation  Officer
shall in the prescribed manner, put any 5* * * mortgagee or other encumbrancer entitled
to  possession  into  possession  of  the  holding  to  which  his 3* *  mortgage  or  other
encumbrance  has  been  transferred  under  sub-section  (1).

6[29A.

(1) If the holding of an owner included in a scheme of consolidation which
has come into force under section 22 is burdened with a lease, the Consolidation Officer
shall,  by  an  order  in  writing    determine  whether  such  lease  shall  or  shall  not  be
transferred  therefrom.    A  copy  of  the  order  passed  by  the  Consolidation  Officer  under
this  sub-section  shall  be  affixed  to  a    place  near    the  holding    and    shall    also  be
published  in  the  prescribed  manner.

(2) If the  Consolidation Officer determines that  such lease shall be  transferred from
the  original  holding  it  shall  attach  itself  to  the  holding  allotted  to  the  owner  under  the
scheme  or  such  part  of  it  as  the  Consolidation  Officer  may,  subject  to  any  rules  under
section  37,  appoint  and  the  lessee  shall  exercise  his  rights  accordingly.  The  provisions
of  sub-sections  (2)  and  (3)  of  section  29  shall  apply  to  such  lease  as  if  the  lease  were
a  mortgage  or  other  encumbrance.

(3) If  the  Consolidation  Officer  determines  that  such  lease  shall  not  be  transferred
from the original holding it shall remain attached thereto, and the owner to whom such
holding  is  allotted  under  the  scheme  shall  hold  it  subject  to  such  lease ;  and  the
provisions  of  the 7[relevant  tenancy  law],  shall  so  far  as  may  be  notwithstanding  the
change  in  the  ownership,  apply  to  such  lease ;  and  the  rights  and  liabilities  of  such
owner and the lessee shall be governed by the provisions of the 8[said law] as between
the  landlord  and  his  tenant :

1 These  words,  figures  and  letter  were  inserted  by  Bom.  69  of  1953,  s.  9.
2 These  words,  brackets  and  figure  were  substituted  for  the  word,  brackets  and  figure  “sub-section

(4)”  by  Mah.  19  of  1966,  s.  10.

3 The  word  “lease,”  was  deleted  by  Bom.  69  of  1953,  s.  10(1).
4 These  words  were  inserted,  by  Bom.  69  of  1953,  s.  10(2).
5 The  word  “lessee,”  was  deleted  by  Bom.  69  of  1953,  s.  10(1).
6 Section  29A  was  inserted,  by  Bom.  69  of  1953,  s.  11.
7 These  words  were  substituted  for  the  words  and  figures  “Bombay  Tenancy  and  Agricultural  Lands

Act,  1948”  by  Bom.  61  of  1958,  s.  3(19)(i).

8 These  words  were  substituted  for  the  words  “said  Act”,  by  Bom.  61  of  1958,  s.  3(19)(ii).

H  471-3

Apportion-
ment  of
compensation
or  net  value
in  case  of
dispute.

Restrictions
on  alienation
and  sub-
division  of
consolidated
holdings.

16

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

Provided that such owners shall not be entitled to arrears of rent due under such lease

immediately  before  the  allotment  of  the  holding  as  aforesaid.

(4) An  appeal  against  the  decision  of  the  Consolidation  Officer  under  this  section

shall  lie  to  the  Settlement  Commissioner  within  the  prescribed  time.]
30. Where  there  is  a  dispute  in  respect  of  the  apportionment  of—

(a) the  amount  of  compensation  determined  under  sub-section  (2)  of  section  16

or  sub-section  (4)  of  section  17;

1[(a)  the  amount  of  compensation  determined  under  section  18];
2[(b)  the  amount  of  additional  compensation  or  reduction  in  compensation
determined  under  sub-section  (4),  or  the  net  value  realised  or  payable  under  sub-
section  (6)  or  (7)  of  section  21];

(c) the  total  amount  of  compensation  determined  under  sub-section  (2)  of

section 29,

the Consolidation Officer shall refer the dispute to the decision of the District Court and
deposit  the  amount  of    the  compensation  of    net  value    as  the  case    may  be,    in    the
Court and thereupon  the  provisions of  sections 33, 53 and 54 of  the Land Acquisition
*
Act,  1894,

*  shall,  so  far  as  may,  apply.

3*

4*

*

5[31.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time  being  in
force,  no  holding  allotted  under  this  Act,  nor  any  part  thereof  shall  save  as  otherwise
provided  in  this  section—

(a) be transferred, whether by way of sale (including sale in execution of a decree
of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as
arrears  of  land  revenue)  or  by  way  of  gift,  exchange,  lease,  or  otherwise;  or

(b) be sub-divided, whether under a decree or order of a Civil Court or any other
competent  authority,  or  otherwise,  so  as  to  create  a  fragment,  without  the  previous
sanction  of  the  Collector.  Such  sanction  shall  be  given  by  the  Collector  in  such
circumstances  and  subject  to  such  conditions  as  may  be  prescribed.
(2) Nothing  in  sub-section  (1)  shall  apply  to  any  land—

(a) which  is  situated  in  any  area  for  which—

(i) a  municipal  corporation  is  constituted  under  the  *Bombay  Municipal
Corporation  Act,  the  **Bombay  Provincial  Municipal  Corporations  Act,  1949  or
the 6City  of  Nagpur  Corporation  Act,  1948;  or

1 This  clause  was  inserted, by  Bom.  61  of  1958,  s.  3(20).
2 This  clause  was  substituted  by  Mah.  19  of  1966,  s.  11(a).
3 The  words  “or  the  said  provisions  of  that  Act  as  applied  to  the  Saurashtra  area  by  the  Land
Acquisition  Act,  1894  (Adaptation  and  Application)  Ordinance,  1948”,  were  omitted  by  the
Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

4 The  words  and  figures  “or,  as  the  case  may  be,  of  section  28  or  section  43  of  the  Hyderabad

Land  Acquisition  Act,  1309,  Fasli”  were  deleted  by  Mah.  19  of  1966,  s.  11(b).

5 This  section  was  substituted  for  the  original  by  Mah.  41  of  1977,  s.  2.
6 This  Act  was  repealed,  by  Mah.  23  of  2012,  s.  7.
* The  short  title  of  this  Act  was  amended  as  “the  Mumbai  Municipal  Corporation  Act’’  by  Mah.

25  of  1996,  Sch.

** The  short  title  of  this  Act  was  amended  as  “the  Maharashtra  Municipal  Corporations  Act’’  by  Mah.

23  of  2012,  S.  4.

I  of
1894.

Bom.
III of
1888.
Bom.
LIX
o f
1949.
C.  P.
and
Berar
Act  II
o f
1950.

Mah.
XL  of
1965.

II  of
1924.

Mah.
XXX
VII  of
1966.

Mah.
XXX
VII  of
1966.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

17

(ii) a  municipal  council  is  constituted  under  the 1Maharashtra  Municipalities

Act,  1965;  or

(iii) a  cantonment  is  constituted  under  the  Cantonments  Act,  1924;  or

(b) which is situated  in a notified area  for which a Special  Planning Authority is
constituted  or  appointed  under  section  40  of  the  Maharashtra  Regional  and  Town
Planning  Act,  1966;  or

(c) which  is  situated  in  an  area  designated  as  a  site  for  a  new  town  for  which  a
Development Authority is constituted under section 113 of the Maharashtra Regional
and  Town  Planning  Act,  1966;  or

(d) which  is  situated  in  any  area  specified  by  the  State  Government,  by
notification in the Official Gazette, as being reserved for non-agricultural or industrial
development.

(3) Nothing in sub-section (1) shall also apply to any land which is to be transferred—

(i) to  the  tenant  of  the  holding  or  his  heir;  or
(ii) to  the  owner  of  the  adjoining  holding  who  cultivates  his  land  personally;  or
(iii) to  an  agriculturist  or  agricultural  labourer,  in  its  entirety;  or
(iv) to a  person who is rendered  landless by reason  of acquisition of his  land for

a  public  purpose;  or

(v) to  a  co-operative  society;  or
(vi) by way of gift (whether by way of trust or otherwise) bona fide made by the

owner  in  favour  of  a  member  of  his  family;  or

(vii) by way of exchange, where such land is cultivated personally by the holder,
for any other land allotted under this Act, which is also likewise cultivated personally
by  its  holder :
Provided  that,  no  such  transfer  shall  be  made  so  as  to  create  a  fragment.]

2[31AA. The transfers or partitions or sub-divisions of any land in contravention of
the  provisions  of  this  Act  made  before  the  15th  day  of  November  1965,  shall,
notwithstanding the provisions of section 9 or of section 31, not be deemed void merely
on  the  ground  of  the  contravention  of  any  of  the  provisions  of  this  Act,  if  the  person  in
possession of the land at the aforesaid date by virtue of any transfers or partitions or sub-
divisions or purported transfers or partitions or sub-divisions, pays to the State Government
within  the  prescribed  period  a  penalty  equal  to  one  per  cent  of  the  consideration  of  the
land  transferred,  partitioned  or  sub-divided,  or  Rs.  100,  whichever  is  less  :

Validation
of  certain
transfers,
partitions
and  sub-
divisions
made  before
15th
November
1965.

Provided  that,  if  such  transfer  is  made  in  favour  of  a  tenant  in  actual  possession  of
the  land  transferred  or  of  a  person  in  actual  possession  of  a  continguous  holding  the
penalty  payable  in  respect  thereof  shall  be  one  rupee.]

1 New see  the  Maharashtra  Municipal  Councils, Nagar  Panchayats  and  Industrial  Townships

Act, 1965.

2 Section  31AA  was  inserted  by  Mah.  19  of  1966,  s.  13.

H  471-4

18

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

Validation
of  certain
transfers  or
sub-divisions
made  on  or
after  15th
November
1965  and
before
commence-
ment  of
Mah.  XLI  of
1977.

1[31AB.

(1) No transfer or sub-division of any land in contravention of section 31
as  it  stood  immediately  before  the  date of  commencement  of  the  Bombay Prevention
of Fragmentation and Consolidation of Holdings (Amendment) Act, 1977, made on or
after the 15th day of November 1965 and before the date of such commencement shall
be  deemed  to  be  void  or  ever  to  have  become  void  merely  on  the  ground  that  such
transfer  or  sub-division  is  effected  in  contravention  of  the  provisions  of  that  section
as it stood before such commencement and shall be deemed to be valid if such transfer
or  sub-division  is  in  accordance  with  the  provisions  of  section  31  as  substituted  by
the  said  Act.

Mah.
XLI
o f
1977.

(2) For  the  purpose  of  this  section,  a  certificate  granted  by  the  Collector,  after
holding  such  inquiry  as  he  deems  fit,  that  any  transfer  or  sub-division  of  any  land  is
valid under this section shall be final and conclusive evidence in that behalf. Any holder
may  apply  to  the  Collector  for  such  certificate.]

Correction  of
clerical  and
arithmetical
mistakes  in
scheme.

2[31A.

If,  after  a  scheme  has  come  into  force,  it  appears  to  the  Settlement
Commissioner  that  the  scheme  is  defective  on  account  of  any  clerical  or  arithmetical
mistake or error arising therein from any accidental slip or omission,  and he is satisfied
that  the correction  of such  mistake or  error would  not vary  the scheme  in any  material
particular, he may by order in writing correct such mistake or error and publish his order
in  the  prescribed  manner.]

Power  to
vary  scheme
on  ground
of  error,
irregularity,
informality.

32.

(1) If  after  a  scheme  has  come  into  force  it  appears  to  the 3[Settlement
Commissioner]  that  the  scheme  is  defective  on  account  of  an  error 4[(other  than  that
referred  to  in  section  31A)],  irregularity  or  informality  the 3[Settlement  Commissioner]
shall publish a draft of such variation in the prescribed manner. The draft variation shall
state  every  amendment  proposed  to  be  made  in  the  scheme.

(2) Within  one  month  of  the  date  of  publication  of  the  draft  variation  any  person
affected  thereby  may  communicate  in  writing  any  objection  to  such  variation  to  the
5[Settlement  Commissioner].

(3) After receiving the objections under sub-section (2) the 3[Settlement Commissioner]
*

may,  after  making    such  enquiry  as
make  the  variation  with  or  without  modification  or  may  not  make  any  variation.

6[he  may]    think  fit,   7*

*

*

8[(3A) If  the  scheme  is  varied  under  sub-section  (3),  a  notification  stating  that  the
scheme    has  been  varied    shall  be    published  in  the   Official  Gazette and  the  scheme
so  varied    shall  be  published  in  the  prescribed  manner  in  the  village  or  villages
concerned.]

(4) From  the  date  of  the  notification 9[stating  that  the  scheme  has  been  varied]  the

variation  shall  take  effect  as  if  it  were  incorporated  in  the  scheme.

1 This  section  was  inserted  by  Mah.  41  of  1977,  s.  3.
2 This  section  was  inserted  by  Bom.  33  of  1956,  s.  5.
3  These  words  were  substituted  for  the  words  “State  Government”  by  Mah.  19  of  1966,  s.  14(a)

and  (c)(i).

4  These  brackets,  words,  figures  and  letter  were  inserted  by  Bom.  33  of  1956,  s.  6(1).
5 These words were  substituted for the words “State Government  through the Settlement Commissioner”

by  Mah.  19  of  1966,  s.  14(b).

6  These  words  were  substituted  for  the  words  “it  may”  by  Mah.  19  of  1966,  s.  14  (c)(ii).
7 The  words  “by  notification  in  the Official  Gazette” were  deleted  by  Bom.  33  of  1956,  s.  6(2).
8 This  sub-section  was  inserted  by  Bom.  33  of  1956,  s.  6(3).
9 These  words  were  substituted  for  the  words  “making  the  variation”,  by  Bom.  33  of  1956, s.  6(4).

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

19

33. A scheme for the consolidation of holding confirmed under this Act may at any
time  be  varied  or  revoked  by  a  subsequent  scheme  prepared,  published  and  confirmed
in  accordance  with  this  Act.

Power  to
vary  or
revoke
scheme.

1[33A.

(1) The  State  Government  may  at  any  time,  by  notification  in  the Official
Gazette, revoke  a  scheme  which  has  been  confirmed,  if  no  person  has  entered  into
possession of any holding  allotted to him under the scheme  and thereupon, the amount
of compensation paid or received, if any, by any person in respect of such scheme shall
be  referred  within  such  reasonable  period  as  may  be  prescribed.

Power  of
State
Government
to  revoke
confirmed
scheme.

(2) If any person fails to refund the amount in accordance with sub-section (1) it shall

be  recovered  from  him  as  an  arrear  of  land  revenue].

2[CHAPTER  IV-A.
Powers  and  Procedure  of  Consolidation  Officers.

33B. For the purpose of preparing or enforcing any scheme or otherwise, for carrying
out  the  objects  of  this  Act,  a  Consolidation  Officer  or  any  person  duly  authorised  by
him  may,  after  giving  such  notice  as  may  be  prescribed,    to  the  owner  or  occupier  or
other  person  interested  in  any  land,  enter  upon  and  survey  such  land  or  erect  survey
marks  thereon and demarcate the boundaries thereof and do all other acts necessary for
such  purpose.

Right  of
entry.

33C.

(1) The Consolidation Officer shall have power to summon any person whose
attendance he considers necessary, either to be examined as a party or to give evidence
as  a  witness,  or  to  produce  documents  for  the  purpose  of  any  inquiry  connected  with
the  preparation  of  enforcement  of  any  scheme  under  this  Act.

Power  to
summon
persons  to
give
evidence  and
produce
documents.

(2) All  persons  so  summoned  shall  be  bound,—

(a) to  attend,  either  in  person  or  by  and  authorised  agent,  as  the  Consolidation

Officer  may  direct  in  the  summons;

(b) to  state  the  truth  upon  any  subject  respecting  which  they  are  examined  or

make  statements;  and

(c) to  produce  such  documents  and  other  things  as  may  be  required  by  the

Consolidation  Officer  in  connection  with  the  inquiry.

33D.

(1) Every summons shall be in writing in duplicate, and shall state the purpose
for  which  it  is  issued,  and  shall  be  signed  by  the  Consolidation  Officer  issuing  it,  and
if  he  has  a  seal,  shall  also  bear  his  seal.

Forms  of
summons
and  mode  of
serving  it.

(2) Such  summons  shall  be  served  by  tendering  or  delivering  a  copy  of  it  to  the
person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous
part of his usual residence. If his usual residence is in another district, the summons may
be  sent  by  post  to  the  Collector  of  that  district,  who  shall  cause  it  to  be  served  as
aforesaid.

33E. The  Consolidation  Officer  shall  have  power  to  impose  a  fine  not  exceeding
twenty-five rupees on any person who, without sufficient cause, fails to comply with the
directions  given  in  the  summons  issued  by  him  :

Penalty  for
not  comply-
ing  with
summons.

1 Section  33A  was  inserted  by  Mah.  31  of  1964,  s.  4.
2 Chapter  IV-A  was  inserted  by  Mah.  19  of  1966,  s.  15.

20

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

Provided  that,  no  fine  shall  be  imposed  under  this  section  unless  such  person  was
summoned to attend or produce any documents within the limits of the village in which
such  person  ordinarily  resides  or  holds  or  cultivates  land.

Such  fine  shall  be  recoverable  as  an  arrear  of  land  revenue].

CHAPTER  V.
General.

Vesting  of
powers  of
Settlement
Commissioner.

1[34. The State Government may, by notification in the Official Gazette, invest the
Collector  within  the  limits  of  his  jurisdiction,  or  an  officer  above  the  rank  of  a
Consolidation Officer either generally or in respect of any specified local area, with all
or  any  of  the  powers  of  the  Settlement  Commissioner  under  this  Act.]

Constitution
of  village
committees.

2[34A.

(1) The village committee shall be constituted by the Consolidation Officer
in  the  prescribed  manner  and  it  shall  discharge  and  perform,  in  addition  to  the  duties
and  functions imposed  or assigned  by this  Act,  such other  duties and  functions as  may
be  prescribed  for  the  purpose  of  this  Act.

(2) Where at any time the Collector is satisfied that the village committee has refused
or  failed  without  reasonable  cause  or  excuse  to  discharge  the  duties  or  perform  the
functions imposed or assigned by or under this Act or circumstances have so arisen that
the committee has been rendered unable to discharge the duties or perform the functions
aforesaid  or  it  is  otherwise  expedient  or  necessary  to  do  so  he  may  by  notification  in
the Official Gazette, either reconstitute, for the purposes of this Act, the village committee
in accordance with the provisions of sub-section (1), or appoint some other authority to
perform  the  functions  or  discharge  the  duties  of  the  village  committee  under  this  Act ;
and  thereupon  all  references  to  the  village  committee  under  this  Act  shall  be  deemed
to  include  references  to  the  village  committee  so  reconstituted  or  the  authority  so
appointed  as  the  case  may  be.]

Power  of
3[State]
Government
4[or  Comm-
issioner]  to
call  for
proceedings.

Appeal  and
revision.

Bar  of
jurisdiction.

35. The 3[State] Government 4[or the Commissioner in respect of such matters as the
State Government may by general or special order specify in this behalf] may at any time
for  the  purpose  of  satisfying  itself 4[or  himself  as  the  case  may  be,]    as  to  the  legality
or propriety of any order passed by any officer under this Act call for and examine the
record of any case pending before or disposed of by such officer and may pass such order
in  reference  thereto  as  it 4[or  he,  as  the  case  may  be,]  thinks  fit  :

5[Provided  that  no  order  shall  be  varied  or  revised  until  the  parties  interested  have
been  given  a  reasonable  opportunity  of  showing  cause  against  the  proposed  variation
or  revision  of  the  order.]

36. Except as provided in this Act, no appeal or revision application shall lie from

any  order  passed  under  Chapter  II,  III  of  IV  of  this  Act.

6[36A.

(1) No  Civil  Court  or  Mamlatdar’s  Court  shall  have  jurisdiction  to  settle,
decide  or  deal  with  any  question  which  is  by  or  under  this  Act  required  to  be  settled,
decided  or  dealt  with  by  the  State  Government  or  any  officer  or  authority.

1  Section  34  was  substituted  for  the  original  by  Mah.  19  of  1966,  s.  10.
2  Section  34A  was  inserted  by  Bom.  61  of  1958,  s.  3(21).
3  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
4  Substituted  accordance  with  the  entry  added  by  G.N.R.D.  No.  CON.  3558/43445-m,  dated  the

14th  April,  1959  in  Bom.  8  of  1958,  Sch.

5  This  proviso  was  added  by  Bom.  61  of  1958,  s.  3(22).
6  Section  36A,  36B  and  36C  were  inserted,  by  Bom.  61  of  1958,  s.  3(23).

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

21

(2) No  order  of  the  State  Government  or  any  such  officer  or  authority  made  under

this  Act  shall  be  questioned  in  any  Civil,  Criminal  or  Mamlatdar’s  Court.

36B.

(1) If any suit instituted in any Civil Court or Mamlatdar’s Court involves any
issues which are required to be settled, decided or dealt with by any authority competent
to  settle,  decide  or  deal  with  such  issues  under  this  Act  (hereinafter  referred  to  as  the
‘competent authority’) the Civil Court or Mamlatdar’s Court shall stay the suit and refer
such  issues  to  such  competent  authority  for  determination.

Suits  invol-
ving  issues
required  to
be  decided
under  this
Act.

(2) On  receipt  of  such  reference  from  the  Civil  Court  or  Mamlatdar’s  Court,  the
competent  authority  shall  deal  with  and  decide  such  issues  in  accordance  with  the
provisions of this Act and shall communicate its decision to the Civil Court or Mamlatdar’s
Court  and  such  Court  shall  thereupon  dispose  of  the  suit  in  accordance  with  the
procedure  applicable  thereto.

36C. No  suit  or  other  legal  proceedings  shall  lie  against  any  person  in  respect  of

Indemnity.

anything  which  is  in  good  faith  done  or  intended  to  be  done  under  this  Act.]

37.

(1) The 1[State] Government may by notification in the Official Gazette, make

Rules.

rules  for  carrying  out  the  purposes  of  this  Act.

(2) In  particular  and  without  prejudice  to  the  generally  of  the  foregoing  power  the

1[State]  Government  may  make  rules,  providing  for,—

(a) the  manner  of  publication  under  sub-section  (2)  of  section  4;
(b) the  manner  of  giving  public  notice  under  sub-section  (3)  of  section  5;
(c) village  records  in  which  fragments  shall  be  entered  under  sub-section  (1)  of

section  6;

2[(cc) the manner of choosing by lot under clause (b) of sub-section (2) of section

8AA;]

(d) the  manner  in  which  the  intention  to  make  a  scheme  shall  be  published

3*

*

*

under  section  15;

4[(dd)  the  statements,  records  and  maps  to  be  included  in  the  scheme  of
consolidation  and  the  procedure  and  other  matters  to  be  observed  in  the  preparation
of  the  scheme  under  section  16A;]

(e) the manner of publication under sub-section (2) of section 17 of a declaration

made  under  sub-section  (1)  of  the  said  section  ;

5[(f) the manner in which a draft scheme or amended draft scheme of consolidation

shall  be  published  under  section  19  in  the  village  or  villages  concerned];
6[(ff)  the  manner  of  publication  of  further  amended  scheme  under 7*

*

*

sub-section  (2)  of  section  20;]

(g) the manner of publication of a scheme under sub-section (1) of section 21,  on

its  being  confirmed;

1  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
2  Clause  (cc)  was  insereted  by  Bom.  61  of  1958,  s.  3(24)(a).
3  The  words  “and  the  manner  of  preparation  of  the  scheme”  were  deleted,  by  Bom.  61  of  1958,

s.  3(24)(b).

4  Clause  (dd)  was  inserted,  by  Bom.  61  of  1958,  s.  3(24)(c).
5 Clause  (f)  was  substituted  for  the  original  by  Mah.  19  of  1966,  s.  17(a)(i).
6 This  clause  was  inserted  by  Bom.  33  of  1966,  s.  7(i).
7 The  words,  brackets  and  letters  “clause  (b)  of”  were  deleted  by  Mah.  19  of  1966,  s.  17(a)(ii).

22

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

[1947 : Bom. LXII

1[(h)  the  manner  in  which  compensation  recoverable  from  any  owner  shall  be

deposited  by  him  under  sub-section  (2)  or  (4)  of  section  21;

(i) the manner in which owners may be put in possession of holdings to which they
are entitled under sub-section (3) of section 21 and the manner in which persons may
be  evicted  under  that  sub-section;

(ii)  the  manner  of  determining  the  additional  compensation  payable  by  an  owner
in  respect  of  any  holding  allotted  to  him  under  a  scheme  or  reduced  compensation
payable  to  the  original  owner  of  such  holding,  under  sub-section  (4)  of  section  21;]
(j)  the  manner  in  which  right  of  holding  may  be  allotted  under 2[sub-section(6)]

of  section  21 ;

(k)  the  form  in  which  a  certificate  shall  be  granted  under  section  24;

(l)  the  period  within  which  an  application  shall  be  made  under  clause  (b)  of

sub-section  (2)  of  section  26;

3[(ll)  the  circumstances  in  which  and  conditions  subject  to  which  permission  to

transfer  land  may  be  given  under  clause  (b)  of  section  27;]

(m)   the  guidance  of  the  Consolidation  Officer  and  other  officers  and  persons  in
* mortgage,  debt  or  other  encumbrance  under

*

respect  of  the  transfer  of  a 4  *
sub-section  (1)  of  section  29;

5[(n) the  circumstances  in  which  and  the  conditions  subject  to  which  holdings

may  be  transferred  or  sub-divided  under  sub-section  (1)  of  section  31;]
6[(nn) the  manner  of  publication  of  an  order  under  section  31A;]
(o) the manner of publication of a draft variation under sub-section (1) of section

32 7[or  of  a  varied  scheme  under  sub-section  (3A)  thereof;]

8[(o-1)  the  period  within  which  the  amount  of  compensation  shall  be  refunded

under  sub-section  (1)  of  section  33-A;]

9[(o-2)  the  notice  to  be  given  under  section  33-B;]
10[(oo) the manner in which village committees shall be constituted, and the duties

and  functions  to  be  discharged  by  them,  under  section  34A;]

(p) the manner in which the area and assessment (including water rate, if any) of

each  reconstituted  holding  or  part  of  such  holding  shall  be  determined;

(q) the  manner  in  which  corrections  shall  be  made  in  the  Record  of  Rights  in

accordance  with  a  scheme  of  consolidation;

(r) generally, for the guidance of the Consolidation Officer and other officers and

persons  in  all  proceedings  under  this  Act;

(s) any  other  matter  which  is  to  be  or  may  be  prescribed.

(3) All  rules  made  under  this  section  shall  be  subject  to  the  condition  of  previous

publication.

1  Clauses  (h),  (i)  and  (ii)  were  substituted  for  the  original  clauses  (h)  and  (i)  by  Mah.  19  of  1966,

s.  17(a)(iii).

2 This  was  substituted  for  the  word,  brackets  and  figure  “sub-section  (4),  by  Mah.  19  of  1966,

s.  17(a)(iv).

3 Clause  (ll)  was  inserted  by  Mah.  31  of  1964,  s.  5(a).
4  The  word  “lease,”  was  deleted  by  Bom.  69  of  1953,  s.  13(2).
5  Clause  (n)  was  substituted  by  Mah.  41  of  1977,  s.  4.
6  This  clause  was  inserted  by  Bom.  33  of  1956,  s.  7(2).
7  This  portion  was  added,  by  Bom.  33  of  1956, s.  7(3).
8 Clause  (o-1)  was  inserted  by  Mah.  31  of  1964,  s.  5(b).
9 Clause  (o-2)  was  inserted  by  Mah.  19  of  1966,  s.  16(a)(v).
10 Clause  (oo)  was  inserted  by  Bom.  61  of  1958,  s.  3(24)(d).

Repeals  and
savings.

Bom.
LXI
o f
1958.

Hyd.
Act
XL  of
1956.
Sau.
Act
XII  of
1954.

M.  P.
Act
II  of
1955.

Bom.
LXI
o f
1958.

1947 : Bom. LXII ]

Maharashtra Prevention of Fragmentation and
Consolidation  of Holdings  Act

23

1[(4) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree that the rule
should not  be made, the  rule shall,  from the date  of publication of  a notification  in the
Official  Gazette,  of  such  decision,  have  effect  only  in  such  modified  form  or  be  of  no
effect,  as  the  case  may  be;  so  however  that  any  such  modification  or  annulment  shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to  be  done
under  that  rule.]

2[38. On  the  commencement  of  this  Act  in  that  part  of  the 3[State  of  Bombay]  to
which it is extended by the Bombay Prevention of Fragmentation and Consolidation of
Holdings  (Extension  and  Amendment)  Act,  1958,  the  following  provisions  shall  be
repealed,  namely  :—

(i) the  Hyderabad  Prevention  of  Fragmentation  and  Consolidation  of  Holdings

Act, 1956;

(ii) Chapter  II  of  the  Saurashtra  Fragmentation  and  Regulation  of  Holdings

Act, 1954;

(iii) Chapter  XVI  of  the  Madhya  Pradesh  Land  Revenue  Code,  1954*:

Provided  that  such  repeal  shall  not  affect,—

(a) the  previous  operation  of  any  law  so  repealed,  or  anything  duly  done  or

suffered  thereunder;  or

(b) any right, privilege, obligation or liability acquired, accrued, or incurred under

any  law  so  repealed;  or

(c) any  penalty  incurred  in  respect  of  anything  done  against  any law  so

repealed;

and  any  investigation,  proceedings  or  remedy  in  respect  of  any  such  right,  privilege,
obligation, liability or penalty as aforesaid may be instituted, continued or enforced and
any  such  penalty  may  be  imposed  as  if  the  Bombay  Prevention  of  Fragmentation  and
Consolidation of Holdings (Extension and Amendment) Act, 1958, had not been passed :

Provided  further  that  subject  to  the  preceding  proviso  anything  done  or  any  action
taken  (including  any  appointment  or  delegation  made,  notification,  order  or  notice
issued, rule, regulation or form framed, scheme framed or confirmed, standard areas laid
down, fixed  or revised,  transfer, or  lease of  fragment, valuation  thereof, partition  of an
undivided  estate,  or  entry  in  the  record  of  rights  made,  amount  of  compensation
determined, certificate granted, consolidated holdings duly transferred, alienated or sub-
divided) under any  such repealed law shall be deemed to have been done or taken under
the corresponding provision of  this Act, and shall contiune to be in force accordingly,
unless  and  until  superseded  by  anything  done  or  any  action  taken  under  this  Act.]

1 Sub-section  (4)  was  substituted  for  the  original  by  Mah.  19  of  1966,  s.  17(b).
2 Section  38  was  added  by  Bom.  61  of  1958,  s.  3(25).
3 These  words  were  substituted  for  the  word,  “State”  by  the  Maharashtra  Adaptation  of  Laws  (State

and  Concurrent  Subjects)  Order,  1960.

* This  Act  has  been  repealed  by  the  Maharashtra  Land  Revenue  Code,  1966,  see  section  336  of

Mah.  41  of  1966.

H  471-3927  Bks.-9.2018

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